Pine Technical College
Policy and Procedure
Policy Number: 506 Date: December 2, 2002
Revision Date:
Division/Department: Human Resource Author: Katherine
Dettinger
Subject: Reasonable Accommodations in Employment
Authorities:
Minnesota State Colleges and Universities (MnSCU) Board Procedure
1.B.0.1
Purpose:
This procedure sets forth the process to be used for responding to
requests for reasonable accommodations in employment based on an applicant’s or
employee’s disability. The scope of this procedure is limited to reasonable
accommodations and is not intended to fully describe other provisions of the
Americans with Disabilities Act or the Minnesota Human Rights Act.
Policy:
It is the policy of MnSCU to encourage the employment and promotion of
any qualified individual, including qualified individuals with disabilities. The
College will not discriminate in providing reasonable accommodations to
qualified individuals with disabilities in regard to job application procedures,
hiring, advancement, discharge, employee compensation, job training, or other
terms, conditions, and privileges of employment.
Definitions
For purposes of this procedure, the following terms have the meaning given
them.
Employer: The employer is the Office of the Chancellor, College, or
University.
Essential Functions: Essential functions are the fundamental job duties
of the position in question. The term does not include the marginal functions of
the position.
A job function may be considered essential for any of several reasons, including
but not limited to the following:
- The function may be essential because the reason the position exists is to
perform that function;
- The function may be essential because of the limited number of employees
available among whom the performance of that job function can be distributed;
and/or
- The function may be highly specialized so that the incumbent in the position is
hired for his or her expertise or ability to perform the particular function.
Evidence of whether a particular function is essential includes, but is not
limited to:
- The employer’s judgment as to which functions are essential;
- Written job descriptions;
- The amount of time spent on the job performing the function;
- The consequences of not requiring the incumbent to perform the function;
- The terms of a collective bargaining agreement;
- The work experience of past incumbents in the job; and/or
- The current work experience of incumbents in similar jobs.
Individual with a Disability: An individual with a disability for the purposes
of determining reasonable accommodation is any applicant, current employee,
including student employees, or employees seeking promotion, who has a physical
or mental impairment which substantially or materially limits one or more of
such individual’s major life activities. Generally, a disabling physical or
mental condition which is expected to be temporary and from which the individual
is expected to recover is not a disability under this procedure.
Qualified Individual with a Disability: A qualified individual with a disability
is an individual with a disability who meets the requisite skill, education,
experience, and other job-related requirements of the job and who, with or
without reasonable accommodation, can perform the essential functions of the
job.
Reasonable Accommodations: A reasonable accommodation is a modification or
adjustment to a job or employment practice or the work environment that enables
a qualified individual with a disability to perform the essential functions of
the job as identified at the time of the reasonable accommodation request and to
access equal employment opportunities. Reasonable accommodations may also
include those things that make a facility and its operations readily accessible
to and usable by individuals with disabilities. Under the law, the employer has
a responsibility to make reasonable accommodations for individuals with a
disability only if the disability is known and it is not an undue hardship.
Providing Reasonable Accommodations
Job Relatedness: Reasonable accommodations will be provided only for job-related
needs of individuals with a disability. The primary factor in evaluating an
accommodation’s job relatedness is whether the accommodation specifically
assists the individual to perform the essential functions of the job as
identified at the time of the reasonable accommodation request. If the requested
accommodation is primarily for the benefit of the individual with a disability
to assist that individual in daily personal activities, the employer is not
required to provide the accommodation. The appropriate reasonable accommodation
is best determined through a flexible, interactive process that involves both
the employer and the qualified individual with a disability. It may include the
appropriate union representative as provided by the applicable collective
bargaining agreement.
Essential Functions: The College may deny employment or advancement in
employment based on the inability of an individual with a disability to perform
the essential functions of the job and may decline to make accommodations to the
physical or mental needs of an employee or job applicant with a disability if:
- The accommodation would impose an undue hardship on the College;
- The individual with a disability, with or without reasonable accommodations, is
not qualified to perform the essential functions of that particular job; or
- Having the individual in the job would create a direct threat because of a
significant risk to the health and safety of the individual or others and the
risk cannot by eliminated by reasonable accommodation.
Undue Hardship: In determining whether providing a reasonable accommodation
would impose an undue hardship on the employer, the factors to be considered
include:
- The nature and net cost of the accommodation needed;
- The overall financial resources of the employer involved in the provision of the
reasonable accommodation, the number of persons employed, and the effect on
expenses and resources;
- The overall financial resources of the employer, the overall size of the
business of the employer with respect to the number of its employees, and the
number, type, and location of its facilities;
- The type of operation or operations of the employer, including the composition,
structure, and functions of the workforce, and the geographic separateness and
administrative or fiscal relationship of the employer in question to the covered
entity; and
- The impact of the accommodation upon the operation of the employer, including
the impact on the ability of other employees to perform their duties and the
impact on the employer’s ability to conduct business.
Documentation: Documentation of a disability is required as part of the
reasonable accommodation process unless the nature and extent of the disability
is already known to the employer, or as a practical matter, the requested
accommodation is minimal and the employer makes modifications for its
convenience, regardless of whether the employee or applicant meets the
requirements for a reasonable accommodation under this procedure.
Choice of Accommodations: The employer is not required to provide the specific
accommodation requested by the individual and may choose an effective
accommodation that is less expensive or easier to provide. Accommodations
provided to the individual are the financial responsibility of the employer.
Procedure:
The Director of Human Resources is responsible for administering requests for
reasonable accommodations in employment.
In accordance with applicable collective bargaining agreement language,
employees may have the right to request and receive union representation during
the reasonable accommodation process.
Current Employees and Employees Seeking Promotion:
The employee shall inform his/her supervisor or the Director of Human Resources
of the need for an accommodation.
The Director of Human Resources may request documentation of the individual’s
functional limitations to support the request. Any medical documentation must be
collected and maintained on separate forms and in separate locked files. No one
will be told or have access to medical information unless the disability might
require emergency treatment.
When a qualified individual with a disability has requested an accommodation,
the employer shall, in consultation with the individual:
Discuss the purpose and essential functions of the particular job involved.
Completion of a step-by-step job analysis may be necessary.
Determine the precise job-related limitation(s)
Identify the potential accommodations and assess the effectiveness each would
have in allowing the individual to perform the essential functions of the job.
Select and implement the accommodation that is the most appropriate for both the
individual and the employer. While an individual’s preference will be given
consideration, the employer is free to choose among equally effective
accommodations and may choose the one that is less expensive or easier to
provide.
The employer will work with the employee to obtain technical assistance as
needed.
The employer will provide a decision to the employee within a reasonable amount
of time.
If an accommodation cannot overcome the existing barriers or if the
accommodation would cause an undue hardship on the operation of the business,
the employee and the employer shall work together to determine whether
reassignment may be an appropriate accommodation.
Job Applicants:
The job applicant shall inform the Director of Human Resources of the need for
an accommodation. The Director of Human Resources will discuss the needed
accommodation and possible alternatives with the applicant.
The Director of Human Resources will make a decision regarding the request for
an accommodation and, if approved, take the necessary steps to see that the
accommodation is provided.
Appeal Process
Employees or applicants who are dissatisfied with the decision(s) pertaining to
his/her accommodation request may file an appeal with the President within a
reasonable period of time for a final decision.
If the individual believes the decision is based on discriminatory reasons,
he/she may file a complaint through the Report/Complaint of
Discrimination/Harassment process outlined in Policy #108.
Responsibilities:
See Policy and Procedure above
Dissemination:
Supervisors will be responsible for communicating this policy to employees in
their departments.
Reviewed by Executive Cabinet: 12/02/03
Reviewed by Faculty Senate: N/A
Approved: Date: 12/16/03 _________________________________________________
Robert L. Musgrove, Ph.D., President